Provincial Court Proceedings, 1679. 211

his declaracon hath suggested, which he the said Samuell is ready
to averr And of this he putts himselfe upon the judgm^t of the Court
And the said Robert likewise. Whereupon the p^rmisses being seen
& by the Justices here fully understood Itt is considered that the
said Robert Carvile recover against the said Samuell Leadbeater as
well the sume of Sixteene hundred pounds of tobacco damages As
also five hundred Sixty eight pounds of tobacco costs of suite And
the Defend^t in mercy &c

Liber N N

Mary Roe Ex^x
Edward Roe
ag^t
Mary Eaton Ex^x
Jeremiah Eaton

Mary Eaton Ex^x of Jeremiah Eaton late of Kent
County was Sumoned to Answer unto Mary Roe
Widdow Ex^x of Edward Roe of a plea that she
render unto her the Sume of five thousand Eight
hundred Seventy foure pounds of good sound

M^rchantable tobacco in cask according to the late
Act of Assembly which from her unjustly she doth detaine
And whereupon the said Mary Roe by Robert Ridgely her At-
torney saith, that whereas the abovesaid Jeremiah Eaton in his life
tyme Viz^t upon the Sixteenth day of Decemb^r in the yeare of our
Lord God One thousand six hundred Seventy & three by his certaine
writeing Obligatory Sealed with the Seale of him the said Jeremiah
& herein Court produced whose date is the day & yeare above written,
did binde himselfe his heyres Ex^rs; Adm^rs and assignes in the Sume
of fiue thousand Eight hundred Seventy foure pounds of good sound
M^rchantable tobacco & cask according to the late Act of Assembly
unto the said Edward Roe of the County of Talbot in the Province
of Maryland gentt his heyres Ex^rs Adm^rs or assignes to be paid att
or upon the tenth day of Octob^r next ensueing the date thereof in
Tredhaven Creek or in great Choptank riuer att one intire paym^t
To the which paym^t well & truely to be made he did binde himselfe
his heyres Ex^rs & Adm^rs firmly by those p^rsents. Notwithstanding
which the said Jeremiah Eaton in his life tyme nor the said Mary
Eaton to whom Execution of the testam^t of the said Jeremiah since
his death hath bin comitted though often thereunto required the
said fiue thousand Eight hundred Seventy foure pounds of tobacco
hath not paid nor rendred unto the said Edward Roe in his life tyme

nor unto The said Mary Roe since his death to whom Execution of
the Testam^t of him the said Edward hath bin comitted, but the same
to pay hitherto hath denyed & still doth deny, whereupon the said
Mary Roe saith she is damnified & hath losse to the Value of Eight
thousand pounds of tobacco & thereupon she bringeth her suite And
the said Mary Roe to shew that she is Exec^rs of the last Will &
testam^t of the said Edward Roe & thereof hath the Execution, her
Letters Testamentory bringeth into Court here
And the said Mary Eaton by Kenelm Cheseldyn her Attorney
comes & defends the force & injury when &c and prayeth hearing of

p. 866